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The court dismissed an application to discharge a solicitor’s lien, holding that s. 79 of the Legal Profession Act still applied despite counsel’s withdrawal before settlement.
The Court of Appeal allowed the appeal because, taken together, the ambiguous and qualified undertaking by successor counsel, the conduct and communications suggesting dispute, and the subsequent $5,000,000 lawsuit by the client provided 'some evidence' that the client would not pay, satisfying the low evidentiary threshold and justifying a solicitor's lien of $73,195.75 on the settlement funds.
Source excerpt
The court ordered payment of $150,000 from trust funds to Singleton for unpaid fees, but kept other funds in trust and dismissed Harbans’ payment-out request.
The Court of Appeal dismissed an application to quash an appeal from an order setting aside a consent distribution of trust funds, finding the order appealable.
The Supreme Court of British Columbia set aside a chambers order dividing trust funds because material facts were omitted, including another interested party and a prior conflicting order.
The Federal Court granted charging orders against rent-refund proceeds payable to defaulting 1980-lease class members and awarded $5,000 costs on the motion.
The court awarded the third party reduced costs after dismissing the third-party claim by consent, limiting recovery to necessary work and excluding duplicated or mistaken items.
Interim family-law reasons in a divorce action: the court granted the divorce, kept a shared care plan in place, denied interim spousal support, set reduced child support, and awarded costs to the defendant.
The Court of Appeal upheld the trial judge's finding that the Teskey Group had knowledge of the law firm's outstanding fees and that the parties colluded by secretly arranging a settlement and concealing a payment to defeat those fees; as a result the appellants are jointly and severally liable for the respondent's fees under the Dicarllo principle.
Source excerpt
The Court of Appeal held that a consent order setting aside a judgment could not defeat a solicitor’s interest without notice and proper chambers procedure.
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